Considering Bankruptcy-Would like some advice

When were the last payments made to his debts?

What state are you in/were these debts incurred in?

What kind of debt is this?

DOLA is not always reported accurately; the debts can remain on your credit report for 7 years from date of charge off.

BK is not the end of the world.

Thanks much for the response-

Goodness,payments probably have not been made on any of these since prior to our divorce which was January 2003.

All of the debts were incurred in the State of Washington and I still reside in Washington.

The small debt (600) is medical, the larger one (100) is credit card. The remainder of the debts are credit card, phone bill and personal loans from Wells Fargo.

The debt that I have now and am paying on are a mixture of credit card and medical bills.

How can I find the date of charge off? And what if bills were never charged off? Do they just stay on eternally?

Charge off = 180 days late...try contacting the original creditors to determine date of last payment

Washington appears to have an SOL of 3 years for the credit cards, and I think a loan may fall under a written contract SOL of 6 years.
Perhaps another member can provide insight into the SOL for medical bills.

I'm sorry to keep asking questions, but you are so knowledgeable :p

Does that mean...if I contact say Wells Fargo and the date of last payment was lets say 5/31/02. Six months later on 1/1/03 it would be "charged off" and could therefore only be on my credit report for 7 years after that date (1/1/09)? Or does that just mean the statute of limitations is up on that date and they could no longer collect it?

SOL means they should not be filing a lawsuit to obtain payment. Time does not erase a debt, in theory, collections can continue indefinitely. After SOL has expired, it your right to make the moral and business decision of what to do with the debt--you can pay it off (all at once), or send cease and desist letters to whichever CA is attempting to collect it (if you choose to do so, they can choose to sell to another CA...send another CND if you desire).

Under the scenario you presented, you are correct in that drop off would be around Jan '09.

Not very knowledgeable, just a little.

Was any of this wording included in your divorce agreement?

Protecting Yourself From Default or Bankruptcy
It is not unusual after a divorce for one spouse to fail to pay off a joint credit card debt which predates the divorce. If appropriate steps weren't taken to cut off liability, sometimes a joint account will remain open with both spouses liable for the new charges, even though the new charges are made after divorce. The debt load on these cards, delinquent payments, and any default or referral to a collection agency, will appear on the credit reports of both account holders. The creditor will also be able to pursue either or both account holders for payment, including interest, penalties, and possibly legal fees. The creditor does not have to be fair - if it wants, it can direct all of its collection efforts at the innocent spouse.

Thus, a divorce judgment should include a deadline by which the joint credit card debts allocated to each spouse will be paid off in full, and provide for appropriate remedies in the event that repayment does not occur. Note that refinancing credit card debt is often as simple as applying for a new credit card and requesting a balance transfer.

There should be a "hold harmless" clause in the divorce judgment which prevents the spouse who is responsible for the debt from trying to shift any responsibility back onto the other spouse, and an "indemnification" clause which requires the spouse who is responsible for the debt to repay any losses suffered by the other spouse, including any payments made toward the debt by that spouse, or legal fees incurred in defending against a collection action or returning to court to compel compliance with the terms of the divorce judgment.

There is also language which can be included in a divorce judgment, which can help protect an ex-spouse from being left without recourse if the other spouse declares bankruptcy before paying off the credit card debts. Ask your lawyer if it is possible to include language which will make the spouse's obligations under the divorce judgment non-dischargeable, or significantly less likely to be discharged, based upon the manner in which the debt and repayment obligation are characterized in the divorce judgment, for example by characterizing the timely payment of the debt as being necessary for the support of the other spouse.

Thank you for that info, Soaplady. I wish I [or my shyster attorney] had thought of that when I went splits with my ex.